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Guided answer
I want to sell or transfer my trademark
Transfer rules turn on whether the mark is registered, whether goodwill goes with it, and whether the transfer splits the rights.
Assign in writing and record the title.
Moderate complexity - several routes or missing facts
- The proprietor entered in the register may assign the mark (section 37), and a registered mark can be assigned or transmitted with or without goodwill, for all or some of the registered goods or services (section 38).
- The new owner must apply to register title on Form TM-P with a duly certified copy of the original document and a statement of case; the Registrar ordinarily disposes of it within three months (rules 75-76).
- Unregistered transfer documents generally cannot be relied on as proof of title unless the Registrar or a court directs otherwise (section 45).
- The Registrar may require proof of title (rule 77).
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